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Appendix 2.
Mr John Kissane, Oireachtas Joint Committee on Public Enterprise and Transport, Leinster House, Kildare Street, Dublin 2. Dear Mr Kissane, I have your letter of 8 January. By virtue of the Telecommunications (Miscellaneous Provisions) Act 1996 which created the Office of Telecommunications Regulation I am independently responsible as regulator of telecommunications and my office does not therefore fall within the remit of the Joint Committee. I therefore believe that I must properly refuse the invitation of the Chairman of the Joint Committee. In courtesy to the Joint Committee I ought to say that it is particularly important I recognise the integrity of the office in the context of the Director’s duties in the regulation of multi-channel television. As Director I must carry out these duties in an actually and apparently independent way and consistent with my statutory responsibilities. Yours sincerely,
Elain Doyle; Director “evidence” includes the expression of an opinion, belief or intention. (2) In this Act— (a)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other provision is intended, (b)a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and (c)a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment. 2.—Sections 3 to 14 and 16 apply only to a committee on which power to send for persons, papers and records is conferred— (a)by the House of the Oireachtas by which the committee was appointed, or (b)if it was appointed jointly by both Houses of the Oireachtas, by both such Houses. 3.—(1) Subject to the provisions of this Act, a committee may with (if, immediately before the giving of the direction concerned, the appropriate subcommittee stands appointed) the consent of the appropriate subcommittee— (a)direct in writing any person whose evidence is required by the committee to attend before the committee on a date and at a time and place specified in the direction and there to give evidence and to produce any document in his or her possession or power specified in the direction, (b)direct a person in attendance before the committee pursuant to paragraph (a) to produce to the committee any document in his or her possession or power specified in the direction, (c)direct in writing any person to send to the committee any document in his or her possession or power specified in the the direction, (d)direct in writing any person to make discovery on oath of any documents that are or have been in that person’s possession or power relating to any matter relevant to the proceedings of the committee and to specify in the affidavit of documents concerned any documents mentioned therein which he or she objects to produce to the committee and the grounds for the objection, and the rules of court relating to the discovery of documents in proceedings in the High Court shall apply in relation to the discovery of documents pursuant to this paragraph with any necessary modifications, (e)give any other directions for the purpose of the proceedings concerned that appear to the committee to be reasonable and just. (2) The reasonable expenses of a person who— (a)pursuant to a direction, attends before a committee, or (b)pursuant to subsection (1) of section 10, appears before a committee or gives evidence to a committee that the committee considers was, in the interests of justice, necessary or expedient for any of the purposes specified in the said subsection (1), shall be paid out of moneys provided by the Oireachtas. (3)(a) A direction in writing shall be signed by the chairman of the committee concerned or by another member of the committee duly authorised in that behalf by such chairman. (b)Any other direction shall be given by the chairman of the committee concerned or by another member of the committee who is acting as chairman thereof. (4) Subsection (1) does not apply to the President or an officer of the President or a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or the Special Criminal Court. (5) Subsection (1) does not apply to the Attorney General or an officer of the Attorney General except— (a)where the committee concerned is the Committee of Public Accounts, and (b)in so far as that subsection relates to evidence, or a document in his or her possession or power, concerning the general administration of the office of the Attorney General. (6) Subsection (1) does not apply to the Director of Public Prosecutions or an officer of the Director of Public Prosecutions except— (a)where the committee concerned is the Committee of Public Accounts, and (b)in so far as the subsection relates to evidence, or a document in his or her possession or power, concerning— (i)the general administration of the office of the Director of Public Prosecutions, or (ii)statistics relevant to a matter referred to in a report of and published by the Director of Public Prosecutions in relation to the activities generally of the office aforesaid. (7) Where a person disobeys a direction, the High Court may, on application to it in a summary manner in that behalf by the chairman of the committee concerned on behalf of the committee, order the person to comply with the direction and make such other (if any) order as it considers necessary and just to enable the direction to have full effect. (8) A person who— (a)having been directed under paragraph (a) of subsection (1) to attend before a committee and having had tendered to List of Members
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